A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact legislation to repeal the state law preemption preventing local governments from enacting regulations pertaining to blasting.

WHEREAS, Members of the Metropolitan Council routinely receive complaints from constituents about blasting activities in their neighborhoods; and

WHEREAS, improper levels of blasting have caused damage to the homes and businesses of citizens of Nashville and Davidson County; and

WHEREAS, Chapter 105 of Title 68 of the Tennessee Code Annotated provides requirements governing blasting and grants the state Department of Commerce and Insurance the authority to promulgate rules and regulations to implement this chapter; and

WHEREAS, T.C.A. §68-105-110 expressly preempts and supercedes all existing and future local government ordinances and regulations pertaining to blasting activities; and

WHEREAS, local governments in Tennessee should have the ability to enact their own blasting regulations to protect the safety and welfare of their citizens; and

WHEREAS, it is fitting and proper that the Tennessee General Assembly remove this state law preemption pertaining to the regulation of blasting.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact legislation to repeal the state law preemption preventing local governments from enacting regulations pertaining to blasting.

Section 2. The Metropolitan Clerk is directed to send a copy of this resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. This resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Vivian Wilhoite, Parker Toler, Jim Gotto, Carolyn Baldwin Tucker, Tommy Bradley